TERMS OF REFERENCE

Consultancy for Preparation of Planning and Development Policies with Options

for Economic and Fiscal Instruments

1.0. BACKGROUND INFORMATION

1.1. Geographic area to be covered

The North-East Coast extending from Point du Cap in the North of the island to
Mandele Point in Dennery, also referred to as the North- East Coast Iyanola
Region (NEC-IR) of Saint Lucia is the project area and the focus of this Terms
of Reference. The NEC-IR falls within the registration quarters of Gros Islet,
Dennery and Castries and comprises twenty five (25) communities.

1.2. Contracting Authority

The Government of Saint Lucia acting herein and represented by the Ministry
of Education, Innovation, Gender Relations and Sustainable Development,
(hereinafter referred to as the “Contracting Authority”), Norman Francis
Building, Balata, Castries, Saint Lucia, West Indies.

1.3. Current state of affairs in the North East Coast

The NEC-IR is an area of high environmental sensitivity and conservation
1
significance . The area is rich in natural resources and is home to many rare
plants and animal species that are endemic to Saint Lucia. However, economic
activities within the NEC-IR are centred on use of these natural resources, with
fishing and agriculture being the main activities.

Most of the land in the NEC-IR is privately owned, thereby contributing to the
challenge for Land Management, which remains a major sustainable
development issue in Saint Lucia, and particularly so in the NEC-IR. If
managed in a sustainable way, the current land use in the NEC-IR could be
adequately leveraged to enhance the livelihoods of the people and impart
substantive benefits to their respective communities.

In the absence of a National Land Use Plan to provide a more comprehensive

approach to development planning, the pursuit of developments have not
always been done in accordance with stipulated planning procedures, and
oftentimes with very little focus given to the value of ecosystem services and
important biodiversity to the island. To this end, clear policy which guides land
administration and management, cognisant of natural capital values of the area,
socioeconomic benefit sharing and issues of sustainability is needed.

Component 1 of the Iyanola Natural Resources Management of the North East

Coast Project, seeks to facilitate deeper integration of an ecosystems approach
into the national policy and legislative framework for development planning,
with a primary focus on land use (both terrestrial and marine resources), using

1 ibid

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 the NEC-IR as a platform. Under this Component, the project will facilitate
capacity building for land use planning through enhancements to the policy and
regulatory frameworks to consider and value ecosystem services and important
biodiversity in future development planning processes. The primary tasks will
be achieved through the delivery of 3 output areas:

1. Review of the National Policies related to Land Management and

administration including physical and economic development as fiscal
and economic mechanisms/instruments.
2. Development of a Land Use Plan for the NEC-IR, based on the valuation
of ecosystem goods and services2.
3. Through a process of “learning by doing” enhanced capacity of national
and local primary stakeholders to incorporate ecosystem services value
considerations in planning and in decision making.

2.0. OBJECTIVES
2.1. Overall objective
The overall objective of this consultancy is to review economic mechanisms or
instruments as well as national planning and development policies for land
administration/management in the NEC-IR and propose relevant national
policy and legislative framework. The NEC-IR will therefore be used as a
platform to establish an effective enabling environment to increase
conservation and management effectiveness of terrestrial and coastal marine
ecosystems.

2.2. Specific objectives

The specific objectives of this consultancy are to:

i. Review national planning and development policies, guidelines and

other documented policy positions, as well as fiscal and economic
mechanisms/instruments and propose new policies, fiscal and
economic mechanisms/instruments or relevant changes.

ii. Review the current legislative framework, and make

recommendations for the most appropriate legislative and
regulatory framework (comprising new or existing legislation), to
support the adoption of proposed policies, fiscal and economic
instruments or relevant changes.

iii. Enhance capacity of primary stakeholders through a process of

“learning by doing” to incorporate ecosystem services value
considerations in planning and in decision making.

iv. Incorporate best fit practices which will be socially and culturally
equitable, gender sensitive, ecologically effective, economically
efficient and reflective of stakeholder needs and economic interests

2 This task will be undertaken under a separate consultancy.

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3.0. SCOPE OF SERVICES
3.1. General Services

This consultancy is expected to:

i. Review national planning and development policies, guidelines and
other documented policy positions, as well as fiscal and economic
mechanisms/instruments and propose new policies, fiscal and
economic mechanisms/instruments or relevant changes.

ii. Review the current legislative framework, and make

recommendations for the most appropriate legislative and
regulatory framework (comprising new or existing legislation), to
support the adoption of proposed policies, fiscal and economic
instruments or relevant changes.

iii. Demonstrate enhanced capacity of primary stakeholders through a

process of “learning by doing” to incorporate ecosystem services
value considerations in planning and in decision making.

In delivering this, the Consultant is expected to incorporate best fit practices

which are socially and culturally equitable, gender sensitive, ecologically
effective, economically efficient and reflective of stakeholder needs and
economic interests for land use and development planning. Consequently, an
environment within which all stakeholders, including environmental resource
users, land owners, the private sector, academic institutions, CBO’s and NGO’s
can participate in joint policy formulation and resources management will be
created. The Consultancy includes amending existing or formulating new
national planning policies, regulations, guidelines, and economic and fiscal
regimes. These actions should catalyse decision-makers to firmer commitment,
coordinated and sustained action in advancing current efforts to increase
conservation and management effectiveness of terrestrial and coastal marine
ecosystems in the NEC-IR. This will lead to the achievement of output C1.1.1
of the Project Document.

This Consultant is also required to engage and collaborate with all relevant
stakeholders (marine and terrestrial) and liaise with other Project Consultants to
ensure that necessary outputs feed into, and are informed by one another. Other
Iyanola Project Consultants include those conducting the following
assignments:
i. Preparation of a Land Use Plan for the NEC-IR.
ii. Conduct Biodiversity Livelihoods Market Research and Needs
Assessments.
iii. Conduct Ecosystems Service Valuation.

The Consultant is expected to compile electronically any documents that will

serve to enhance the knowledge base for preparation and implementation of the
project Component 1.

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 3.2. Scope of Services
Task 1: Prepare Work Plan and Inception Report
Key Activities:

i. Conduct inception meetings with the Contracting Authority and partners

upon commencement of the project to (i) review the process for
conducting all activities within the project, (ii) determine roles and
responsibilities, (iii) discuss the basis on which this work will be
implemented, and (iv) finalize the work plan and timetable to include
measures for demonstrating enhanced capacity among key stakeholders. A
draft work plan and report on the outcome of the inception meeting will be
prepared by the Consultant, and submitted to the client no later than 2
weeks from signing of consultancy contract.
ii. Comments in response by the the Contracting Authority and partners
should reach the Consultant no later than 10 days after receipt of the Draft
Inception Report and Work Plan.
iii. Submit Final Inception Report with comments included within 1 week of
receipt of comments.

Task 2: Policy and Fiscal Regimes Appraisal

Key Activities:

i. Undertake a rapid assessment of national planning and development

policies, guidelines and statements and other documented policy positions3
to identify and confirm gaps, weaknesses, priority needs for policy to
address existing and potential development planning conflicts/challenges
within the NEC-IR. This should include review of fiscal and incentive
regimes in relevant sectors, and propose measures for enhancing land use
planning policies in particular, to the issue of land classification for
different development categories. The appraisal should give strong
emphasis to ecological concerns related to, but not limited to, land use,
sustainable land management, sustainable forests management,
environmental management and conservation and sustainable use of
biodiversity, inter alia;
ii. Collaborate with the relevant Consultants identified in 3.1 above, to
inform recommendations for policy and fiscal regimes in the NEC-IR,
cognisant of critical ecosystems of global economic value.
iii. Collaborate and participate in stakeholder consultations convened under
the other consulting assignments under the Project, including Livelihood
Selection Workshop under Project Component 4, to map stakeholder
interest in their own terms, with respect to requirements for an
ecologically-sensitive policy. From these consultations:

3 Including but not limited to the Proposed Revised National Land Policy for Saint Lucia, the Physical
Planning and Development Act Chapter 5.12, the draft Environmental Impact Assessment (EIA)
regulations, the draft Building Code and Guidelines

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 a. Validate policy priorities of Saint Lucia that intersect with
livelihoods/businesses, biodiversity and ecosystem services.
b. Validate biodiversity and ecosystem services that intersect with
the above livelihood/business and policy space.
iv. Recommend appropriate actions (modification, revision or inclusion of
new provisions) to existing relevant policies, guiding principles and
statements.
v. Develop proposed management plan, inclusive of a management structure
for the NEC-IR to incorporate and facilitate the implementation of the
deliverables from all of the consultancies.
vi. Recommend options for applicable/appropriate economic and fiscal
instruments and regimes; and other comparable options to promote
effective management of lands in the NEC-IR, such as but not limited to:
biodiversity (BD) offsets, land lease/purchase, conservation easements,
private natures reserves, conservation incentives, payment for ecosystem
services, timber and NTFP production, tax incentives and other
concessions for BD businesses (to be piloted for NEC-IR) in consultation
with the Ministry of Finance and any other ministries responsible for the
administration of incentives which includes the Departments of
Commerce, Tourism, and Agriculture; with a view towards exploring how
such prospective instruments can be ultimately legislated. This aspect of
the work will build on the experience gained by the Ministry of Finance in
the GEF supported Sustainable Financing of Marine Protected Areas
Project, and Department of Fisheries (as lead on the Sustainable Fisheries
component).
vii. Identify and recommend suitable guidelines to be applied in undertaking
land valuations and appraisals that will enable the revision and/or
formulation of a policy for valuing of private lands, Crown Lands
(including Queen’s Chain), state lands and Forest Reserves to include
considerations for ecosystems services valuations.
viii. Prepare and submit Policy and Fiscal Regimes Appraisal Report, inclusive
of output from i) through to viii).

Task 3: Legislative Appraisal

Key Activities:

i. Assess the adequacy of legislative recommendations provided under the

PPG phase, within the current legislative framework, as well as imminent
legislation, to identify potential problems, interests and jurisdictional
conflicts.
ii. Undertake an appraisal of national legislation to identify potential
problems, interests and jurisdictional conflicts, and propose appropriate
amendments to existing legislation, including provisions to repeal.
iii. Collaborate and participate in stakeholder consultations convened under
the other consulting assignments under the Project, to map stakeholder
interest in their own terms.

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 iv. Assess the current effectiveness of applicable legislation enforcement.
v. Make recommendations for drafting new or amending existing relevant
legislation4, as well as streamlining the roles of and coordination across
agencies.
vi. Prepare and submit the policy document, as well as drafts and Bills,
inclusive of regulations; of proposed actions for i to v above, according to
legal drafting formats and public sector management framework for the
country.

Task 4: Application of Priority Options

Key Activities:
i. Propose policy options5 and commence testing of recommendations,
through consultations, of priority policy and fiscal mechanisms,
considering predominant land use and ecosystem services of the area. This
activity will give primary consideration to recommendations on
appropriate reforms required for policy and other types of instruments
(e.g. economic and fiscal), to support the development of biodiversity
friendly livelihoods/businesses to comply with biodiversity friendly
practices.
ii. Prepare and submit report on policy options and feedback from
consultations.

Task 5: Preparation of Concept Note

Key Activities:

i. Prepare a Draft Concept Note based on outputs of tasks 2, 3 and 4.

Recommendations should be practicable in the near to medium term (6 to 18
months), giving emphasis to the following:
a. Demonstrating the strong inter-relationship between resource
conservation and income generation using information from the NEC-IR
Research Agenda proposed by the Ecosystem Services Valuation
Consultant (demonstrating both critical marine and terrestrial
ecosystems in the NEC-IR e.g. sand mining issues and impacts on
leatherback turtle, sustainable production of charcoal.)
b. Recommending new development strategies and rehabilitation actions
(based on the NEC-IR Research Agenda proposed by the Ecosystem
Services Valuation Consultant), in particular strategic entry points and
recommended measures for the enhancement/integration of proposed
ecological considerations into the national planning and development
policy framework.

4 Listed in 6.2 below

5 Inclusive of costing, implementation schedule, requisite training and equipment needs

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 c. Specifying the practical implications of any new strategies, in terms of
costs, cash flow, finance, procurements, other guidelines and standards.
d. Identifying opportunities for improved efficiencies and economies
accruing to various actors in the value chain;
e. Developing capability within the Department of Physical Planning and
other partner agencies to replicate the work covered by this consultancy
in other parts of Saint Lucia and to assist in the implementation of the
proposals and recommendations. This should be accompanied by a
clearly articulated action plan.
f. Quantifying the financial impact of the proposed priority options for the
various actors.
g. Streamlined roles and functions of stakeholder agencies.
h. Quantify financial resources required and develop funding plan for
implementation of proposed measures.

i. Submit Draft Concept Note for review by Focal Points.

ii. Submit Revised Draft Concept Note which incorporates feedback
from the review.

Task 6: Closeout Report

The Consultant is required to submit to the contracting authority a Closeout
Report. This report will be prepared to highlight the full gamut of work
undertaken, noting the level of success and constraints in the methodologies
used, the nature and quality of stakeholder participation, limitations in the scope
of the consultations and meetings, any potential constraints which are
anticipated in the deliverables effective application and any other lessons learnt
during the process.

4.0 DELIVERABLES
The deliverables will be developed, presented and adopted based on the
following:

Deliverables Due Date after Contract Signing

TASK 1: Prepare Work Plan and Inception
Report
Draft Inception Report and a detailed Work Plan 2 weeks

Final Inception Report which will incorporates comments 4 weeks

from Contracting Authority and relevant partners.

TASK 2: Policy and Fiscal Regimes Appraisal 12 weeks

Report

TASK 3: Legislation Appraisal 16 weeks

TASK 4: Report on policy options with feedback 20 weeks

from consultations.

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TASK 5: Concept Note 22 weeks

TASK 6: Closeout Report 24 weeks

5.0 SUBMISSION
In submitting their proposal, the consultant must:
i. Carefully review and comment on the Terms of Reference,
recommending potential refinements where necessary, including making
such recommendations as deemed appropriate to enhance the quality of
the assignment and outputs/deliverables.
ii. Review all other documentation that may be relevant to this assignment
paying close attention to UNEP-GEF guidelines on programming, in
particular GEF tracking tools and standards for UNEP-GEF cooperation
monitoring and evaluation.
iii. Submit a detailed methodology and work-plan including a time
schedule, the name, professional status and biographic data of the
professional key experts to be employed in this assignment, as well as a
corresponding budget.
iv. Signed proposals should be submitted in a sealed envelope marked
CONFIDENTIAL. Submissions should be received by 12:00 noon on
13th September 2017. Proposals should be clearly marked
“Consultancy for Preparation of Planning and Development Policies
with Options for Economic and Fiscal Instruments” and addressed to:

The Secretary
Central Tenders Board
Office of Director of Finance
Ministry of Finance, Economic Growth, Job Creation External
Affairs and Public Service
Finance Administrative Centre, Point Seraphine
Castries, Saint Lucia.

v. Further information required to assist in the submission of proposal,

please contact Ms. Francillia Solomon at email
francillia.solomon@govt.lc or cell phone (1 758) 520-0565.

6.0 Engagement
6.1 Legislative Review

The legislation considered for purposes of this review includes, but is not limited to
those Acts which apply directly to environmental management. The Revised Edition
of the Laws of Saint Lucia is the relevant edition, showing the laws as at December
31, 2008 with consideration for subsequent amendments; are set out below in
chronological order:
i. Forest, Soil and Water Conservation Act (1945) CAP 7.09
ii. Saint Lucia National Trust Act (1975) CAP 6.02
iii. Wildlife Protection Act (1980) CAP 6.03
iv. Fisheries Act (1984) CAP 7.15

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 v. Land Conservation and Improvement Act (1992) CAP 5.10
vi. Water and Sewerage Act (1995) CAP 9.03
vii. National Conservation Authority Act (1999) CAP 6.01
viii. Physical Planning and Development Act (2001) CAP 5.12
ix. Beach Protection Act (1967) CAP 6.04
x. Crown Lands Act (1945) CAP 5.02
xi. Land Acquisition Act (1945) CAP 5.04
xii. The Saint Lucia Constitution Order 1979
xiii. Maritime Areas Act (1984) CAP 1.16

6.2 TARGET GROUPS

The target groups include, inter alia:

i. Land Owners
ii. Law Enforcement Agencies
iii. Office of Crown Lands regarding Queen’s Chain
iv. Producers and Producer Associations
v. Agri and Eco Tourism Ventures
vi. Environmental resource users
vii. CBO’s and NGO’s (including local communities & groups e.g. Grande
Anse Sea Turtle Nature Defenders (STAND), Babonneau Youth
Synergy)
viii. Collaborating Project Partners
ix. Private Sector
x. Invest Saint Lucia

7.0. PROJECT MANAGEMENT

7.1. Responsible Body
The Contracting Authority is the Department of Sustainable Development in the
Ministry of Education, Innovation, Gender Relations and Sustainable
Development. The National Development Unit of the Ministry of Finance,
Economic Growth, Job Creation, External Affairs and the Public Service, will
be hosting the Consultant and Key Experts. The Departments with responsibility
for Forestry, Physical Planning and Tourism will provide other requisite
technical support.

7.2. Management Structure

The contract will be between the Ministry of Education, Innovation, Gender
Relations and Sustainable Development (Department of Sustainable
Development) and the Consultant. The Consultant shall be supervised by and
report to the Director of Economic Research and Planning in the Ministry of
Finance. The National Iyanola Project Coordinator through the Iyanola Project
Steering Committee will be responsible for endorsing all deliverables under this
contract. Payments will be facilitated by the National Iyanola Project
Coordinator.

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 Changes in the TORs may be made only in accordance with needs and subject
to mutual written agreement between the Consultant and the Department of
Sustainable Development through the National Iyanola Project Coordinator.

7.3. Value of the Contract

The total value of the contract is US$70, 000 representing costs associated with
the deliverables of the consultancy.

8.0. LOGISTICS AND TIMING

8.1. Commencement date & Period of implementation
The commencement date will be the day of the signing of the contract and
implementation will be over a six (6) month period, to facilitate the integration
of outputs from other inter-linked consultancies for Preparation of a Land Use
Plan, Ecosystems Services Valuation and Sustainable Bio-Livelihoods; all
within the NEC-IR.

9.0. REQUIREMENTS
9.1. Personnel
All personnel should have:
i. Excellent command of written and spoken English.
ii. Familiarity with the local language, Kweyol.
iii. Sound knowledge and wide experience in the development and use of
participatory approaches in natural resources management.
iv. Knowledge of and experience in the Small Island Developing States, and
in particular the Caribbean region and at least five (5) years working
experience in Saint Lucia.
v. Knowledge and experience of the UNEP-GEF guidelines and standards,
and/or its associated Conventions would be an asset.
vi. Experience in developing strategies and initiatives utilizing field work
and research work to respond to environmental and natural resources
management challenges
vii. Working knowledge of Microsoft Office including Word, Excel,
PowerPoint; and relevant GIS software.

9.2. Key expert

Key Expert 1: Development Planning Policy Specialist and Team Leader

The ideal candidate(s) should possess the following qualifications and

experience:
i. Educated to Post graduate degree level in Planning, Geography,
Environmental or Natural Resources management, or related field.
ii. At least 5 years work experience in land use planning and/or development
planning and/or project management.
iii. Experience in policy dialogue, analysis and formulation and
implementation in a consultant role.

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 iv. Extensive knowledge and understanding of the land management issues
and ecosystem land driven development planning in Caribbean small
island developing states.
v. Familiarity with Public Sector procedures in Saint Lucia.
vi. Experience in learning-by-doing approaches in working with public
sector technocrats.
vii. Experienced in team leadership and coordination.

Key Expert 2: Legal Expert

i. Educated to Master’s Degree in Law or equivalent.

ii. At least 5 years work experience in legislative drafting with proven
ability in devising environmental and natural resource legislation for
Small Island developing states.
iii. Knowledge of land management and development planning issues
within the Saint Lucia legal landscape.

Key Expert 3: Environmental Accounting Specialist or Finance/Economics

i. Educated to Master’s Degree in Environmental Accounting or

Economics, Finance related field.
ii. At least 10 years work experience in economics and /or finance with
proven ability in the application of environmental and natural resource
accounting approaches in Small Island developing states.
iii. Familiarity with ecosystem services valuation concepts and approaches.
iv. Sound knowledge and experience in undertaking cost benefit analysis
v. Demonstrable knowledge on land management and development
planning issues.

9.3. Other experts, staff & backstopping

The Consultant shall be required to provide the curriculum vitae for all experts
referred to in the consultancy as part of their tender.

9.4. Working Arrangement and Logistics

The Contracting Authority will:
i. Ensure timely review of reports submitted by the consultant and
facilitate the provision of feedback within two weeks of receipt of
reports.
ii. Initiate the consultation and co-operation of other agencies and
consultants required to provide support to the consultant for
realization of the relevant aspects of the assignment.
iii. Provide office accommodation for the consultant.
iv. Provide access to relevant existing information

The Consultant will:

i. Execute the duties and tasks outlined in Section 4 above with due
diligence and efficiency and in accordance with the highest
standards of professional competence, ethics and integrity.
ii. Be responsible for the collection and analysis of all data and
information to assist in the timely completion of the assignment.

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 iii. Submit reports and plans within the stipulated timeframes stated in
the Terms of Reference for review by the Client.
iv. Be responsible for the provision of software, equipment, materials
and transportation required to undertake the consultancy.
v. Execute the services in accordance with the laws, customs and
practices in Saint Lucia and use the appropriate
international/regional standards for preparation of technical
information.

9.5. Equipment Purchase

No equipment is to be purchased by the Consultant on behalf of, or transferred
to the Contracting Authority as part of this consultancy. Any equipment
acquired by the Consultant for use in this consultancy shall not be charged to the
Contracting Authority.

9.6. Provision of Facilities

The National Development Unit of the Ministry of Finance, Economic Growth,
Job Creation, External Affairs and the Public Service–will facilitate
accommodation for the Consultant/key experts and shall ensure that the key
experts are adequately supported for the execution of the consultancy.

Additionally, the Consultant shall ensure that there is sufficient administrative,

secretarial and interpreting provision to enable experts to fulfil all of their
responsibilities under this assignment.

Attachment 1 – Project Document

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